The Research Of The Criminal Pre-trial Procedure

The criminal pretrial meeting system is a new system added in the second paragraph of article 187 of the criminal procedure law in 2012.The system of criminal pretrial meeting is one of the important systems of criminal procedure.It is of great value and significance to restrict the power of public prosecution,protect human rights and improve judicial efficiency.This paper intends to elaborate from four parts:The first part is an introduction to the pretrial conference system,which is divided into four sections:concept,characteristics,function and significance.The function of criminal pretrial meeting system is divided into three parts:the function of solving procedural matters,the function of eliminating illegal evidence,the function of organizing evidence and the function of determining the focus of disputes.The second part is the value of criminal pretrial conference system,which includes the value of guaranteeing fair trial,the value of guaranteeing centralized trial,the value of guaranteeing the realization of the right to defense,and the value of improving the trial efficiency.The third part is the implementation status of China's criminal pretrial meeting system,specifically:low application rate,single function;It is not legally binding and does not solve substantive problems;The qualification of the defendant to attend the pre-trial meeting;Lack of notification procedures after court formation;Lack of evidence and procedures for sorting out disputes;There is no clear provision on the exclusion of illegal evidence.The fourth part is the suggestion to solve the present situation of criminal pretrial conference system.The problem of perfecting the pretrial conference system itself;Increase the function of public prosecution examination;Clearly stipulate the exclusion scope of illegal evidence in pretrial meetings.Based on the current legal provisions and implementation status of China's criminal pretrial conference system,it is of great significance to study the subject of criminal pretrial conference system.The author hopes that through the study of this topic,we can make some efforts to improve the system of criminal pretrial meetings in China.